People are not keen to think about what will happen if they lose their mental capacity and are unable to make day to day choices and more complex financial decisions.

It is a long and exasperating procedure to have the Court of Protection rule that your affairs can be dealt with by your spouse or children who are still around to look after you and have your best interests at heart. However, this can be avoided by have a Lasting Power of Attorney drafted and signed whilst you still have the mental capacity to do so.

The Mental Capacity Act 2005 introduced Lasting Powers of Attorney. These are designed to replace Enduring Powers and cover personal affairs such as treatment in hospital as well as dealing with property and financial matters. Lasting Powers were introduced on 1^stOctober 2007, and it is not now possible to create an Enduring Power. Lasting Powers must be registered immediately.